Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (3)
- Constitutional Law (1)
- Earth Sciences (1)
- Environmental Health and Protection (1)
- Environmental Sciences (1)
-
- Hydrology (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Trade Law (1)
- Land Use Law (1)
- Litigation (1)
- Natural Resources Law (1)
- Natural Resources Management and Policy (1)
- Natural Resources and Conservation (1)
- Physical Sciences and Mathematics (1)
- Property Law and Real Estate (1)
- Social Welfare Law (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Urban Studies and Planning (1)
- Water Law (1)
- Water Resource Management (1)
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
New Legislative Approaches, Laird Noh
New Legislative Approaches, Laird Noh
Water Organizations in a Changing West (Summer Conference, June 14-16)
7 pages.
Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman
Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman
Michigan Law Review
After briefly summarizing Lujan and addressing Sunstein's critique, we explore the concept of accountability underlying the creation of a single executive in Article II. We then apply our theory of the unitary executive to several examples of broad grants of statutory standing, concluding that Congress can confer standing on private citizens only if it specifically articulates and individuates the interests whose violation gives rise to a cognizable case. Although we agree with Sunstein's view that broad grants of statutory standing do not necessarily trench upon constitutional values, we ultimately side with Justice Scalia in concluding that universal citizen standing, as …
The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter
The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter
Northern Illinois University Law Review
In this article the author notes that the Endangered Species Act has increasingly come under attack. The attack on the ESA has been brought about primarily due to the substantial adverse economic effects caused by enforcement of the ESA 's provision. The author seeks to alleviate the economic burden on the affected parties in order to decrease the push for ESA reform. First, the author examines Fifth Amendment taking theory and concludes that it is insufficient to rectify the problem. Second, the author examines conservation easement theory and concludes that the purchase of conservation easements by environmental organizations would be …
A Survey Of The Enforcement Of International Wildlife Trade Regulation Under United States Law, Jennifer Zoe Brooks
A Survey Of The Enforcement Of International Wildlife Trade Regulation Under United States Law, Jennifer Zoe Brooks
William & Mary Environmental Law and Policy Review
No abstract provided.
Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy
Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy
UF Law Faculty Publications
This Article is a case study of a single controversy that has been raging in the Pacific Northwest: the now infamous dispute over logging in publicly owned old-growth forests and the attendant threat to the northern spotted owl. The spotted owl, confronting extinction, sits at the center of the controversy, but the debate extends far beyond the fate of the owl, raising issues about the intrinsic value of unique and native ecosystems and the long-term consequences of logging practices on our public lands on the one hand, and about the costs of environmental protection and economic transition on the other.